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Abstracters of Title; Their Rights and Duties, with Special Reference to the Inspection of Public Records, Together with a Chapter on Title Insurance

Abstracters of Title; Their Rights and Duties, with Special Reference to the Inspection of Public Records, Together with a Chapter on Title Insurance


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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: or a prior recorded mortgage,18 or a pending suit to recover the land,17 or a suit in attachment,18 or to report correctly the quantity of land previously conveyed.19 He is liable where the abstract presents as a conveyance an instrument which does not purport to convey the land.20 An appeal from a judgment does not destroy the lien, but only suspends the execution of the judgment. An abstracter of title must show a judgment which is a lien on the property under examination, although it has been appealed from.21 6. Conveyance by grantee before he obtains title. Under the recording laws of some states a deed by a grantee of land, made and recorded before he obtained title, is not constructive notice to persons subsequently dealing with the land, and an abstracter is not guilty of negligence in not finding it and setting it out in the abstract of title.22 One purchasing subsequent to the deed conveying the legal title to his grantor is not charged by the records with knowledge of a mortgage by his grantor, made and recorded before the latter obtained title.2' A search for mortgages against one who has held or is holding the title to the property in question should begin from the time of the conveyance to him, and a mortgage on the property given byhim and recorded before the date of the deed to him will not be constructive notice. When a searcher finds a deed or other instrument filed for record on a certain day, diligence requires that he shall examine the records for the whole of that day. While with respect to the time of filing instruments for record the law takes notice of fractions of a day, the general principle that the law takes no notice of fractions of a day applies to the execution of deeds and mortgages, where the hour of their execution does not appear. The rule...


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Product Details
  • ISBN-13: 9780217911566
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 76
  • Spine Width: 4 mm
  • Width: 189 mm
  • ISBN-10: 0217911560
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 154 gr


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Abstracters of Title; Their Rights and Duties, with Special Reference to the Inspection of Public Records, Together with a Chapter on Title Insurance
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